April 14, 2014

18 Months of IPR – By the Numbers

By Matthew L. Cutler, Principal

Welcome to Volume 5 of our IPR-PGR Quarterly Report.  As you can see in this issue, we have compared IPR data from the 18 month anniversary with data from the 9 month anniversary so you can glean trends in the data.

This Report also brings data from the first Final Written Decisions.  Of interest is the fact that only 10 of 274 challenged claims have survived IPR scrutiny (for a robust 96.4% cancelation rate).  Also of interest is the fact that not a single Motion to Amend has been granted.

We also took note of the dip in filings this quarter.  After ramping up to about 20 filings per week, we only saw about 15 filings per week in the most recent quarter.  This lower number is more in line with estimates from the Patent Office and we anticipate the filings to level out near this lower rate.

Lastly, we want to take the opportunity to note the success Harness Dickey is having in these proceedings.  From the Petitioner side, we have had all of our petitions granted, with all claims being put into trial (though no Final Written Decisions have come from those cases yet).  From the Patent Owner side, of the first 3 cases in which at least one challenged claim survived, we were counsel on two of those cases.